Puslapio vaizdai
PDF
„ePub“
[blocks in formation]

465. Organization.-The Judge-Advocate-General's Department1 shall consist of one Judge-Advocate-General with the rank of brigadier-general, two judge-advocates with the rank of colonel, three judge-advocates with the rank of lieutenant-colonel, six judgeadvocates with the rank of major, and for each geographical department or tactical division of troops not provided with a judgeadvocate from the list of officers holding permanent commissions in the Judge-Advocate-General's Department, one acting judge-advocate

1 Sections 1198 and 1200 of the Revised Statutes and section 2 of the act of June 23, 1874 (18 Stat. 244), were replaced by the act of July 5, 1884 (23 Stat. 113), which merged the Bureau of Military Justice and the corps of judge-advocates in the Judge-Advocate-General's Department, created by that statute.

48985-15--13

193

with the rank, pay, and allowances of captain mounted.1 Sec. 15, Act of Feb. 2, 1901 (31 Stat. 751).

466. Number of majors increased.-Hereafter the number of majors in said department shall be seven: Provided, That this shall not be so construed as to increase the total number of officers now in the Regular Army. Act of Mar. 2, 1913 (37 Stat. 708).

467. Promotions, appointments, details.-Promotions in the JudgeAdvocate-General's Department, as provided in the first section of this act, shall be by seniority up to and including the rank of colonel. Sec. 2, Act of July 5, 1884 (23 Stat. 113).

468. Vacancies.-Vacancies created or caused by this Act in the grade of major may be filled by appointment of officers holding commissions as judge-advocate of volunteers since April twenty-first, eighteen hundred and ninety-eight. Vacancies which may occur thereafter in the grade of major in the Judge-Advocate-General's Department shall be filled by the appointment of officers of the line, or of persons who have satisfactorily served as judge-advocates of volunteers since April twenty-first, eighteen hundred and ninetyeight, or of persons from civil life who at date of appointment are not over thirty-five years of age and who shall pass a satisfactory examination to be prescribed by the Secretary of War. Sec. 15, Act of Feb. 2, 1901 (31 Stat. 751).

469. Acting judge-advocates.—Acting judge-advocates provided for herein shall be detailed from officers of the grades of captain or first lieutenant of the line of the Army, who, while so serving, shall continue to hold their commissions in the arm of service to which they permanently belong. Upon completion of a tour of duty, not exceeding four years, they shall be returned to the arm in which commissioned, and shall not be again detailed until they shall have completed two years duty with the arm of service in which commissioned. Id.

470. Duties of judge-advocates.-Judge-advocates shall perform their duties under the direction of the Judge-Advocate-General. Sec. 1201, R. S.

(For the executive regulations determining the duties of the Judge-AdvocateGeneral's Department, see Army Regulations, paragraphs 915 to 921, inclusive, 1913. General Order 56. War Department, 1913, places the direction and control of the United States Military Prison, as well as of the prison maintained at Castle Williams, Fort Jay, N. Y., under the Judge-Advocate-General of the Army.)

471. The Judge-Advocate-General to record Court-Martial proceedings. The Judge-Advocate-General shall receive, revise and cause to be recorded the proceedings of all courts-martial, courts of

'This section repeals and replaces section 1 of the act of July 5, 1884 (23 Stat. 113), in pari materia.

inquiry, and military commissions, and perform such other duties as have been performed heretofore by the Judge-Advocate-General of the Army. Sec. 1199, R. S.

472. Professor of law at the Military Academy.-The Secretary of War may assign one of the judge-advocates of the Army to be professor of law. Act of June 6, 1874 (18 Stat. 60).

(The Secretary of War may assign any officer of the Army as professor of law. See paragraph 1116.)

473. Judge-Advocates of Departments, etc., may administer oaths. Judge-advocates of departments and of courts-martial and the trial officers of summary courts are hereby authorized to administer oaths for the purposes of military justice and for other purposes of military administration. Sec. 4, Act of July 27, 1892 (27 Stat. 278).

'The work done in his office and for which this officer is responsible consists mainly of the following particulars: Reviewing and making reports upon the proceedings of trials by court-martial of officers, enlisted men and cadets, and the proceedings of courts of inquiry; making reports upon applications for pardon or mitigation of sentences; preparing and revising charges and specifications prior to trial, and instructing judge-advocates in regard to the conduct of prosecutions; drafting of contracts, bonds, etc.; as also, for execution by the Secretary of War, of deeds, leases, licenses, grants of rights of way, approval of locations of rights of way, approval of plans of bridges, power dams, and other structures, notices to alter bridges as obstructions to navigation, removal of sunken wrecks, etc.; framing of bills affecting legislation for the Army, Militia, etc., forms of procedure, etc.; preparing of opinions upon questions relating to the appointment, promotion, rank, pay, allowances, etc., of officers, enlisted men, etc., and to their amenability to military jurisdiction and discipline; upon the civil rights, liabilities, and relations of military persons and the exercise of the civil jurisdiction over them; as to cases of death under Act of May 11, 1908 (35 Stat. 108), as amended by the Act of March 3, 1909 (35 Stat. 135); upon the employment of the Army in the execution of the laws; upon the discharge of minors, deserters, etc., on habeas corpus; upon the administration of military commands, the care and government of military reservations, militia target ranges, etc., and the extent of the United States and State jurisdiction over such reservations or other lands of the United States; upon the proper construction of appropriation acts and other statutes; upon the interpretations and effect of public contracts between the United States and individuals and corporations; upon the validity and disposition of the varied claims againts the United States presented to the War Department, including injuries received by employees on public works under Act of May 30, 1908 (35 Stat. 556); upon the execution of public works under appropriation by Congress; upon obstructions to navigation as caused by bridges, dams, locks, piers, harbor lines, etc., upon the riparian rights of the United States and of States and individuals on navigable waters, etc.; and the furnishing to other departments of the Government of statements and information apposite to claims therein pending; as to the application of the eight-hour law (Act of Aug. 1, 1892, 27 Stat. 340), as amended by the Act of March 3, 1913 (37 Stat. 726), to the various classes of work, under the several bureaus of the War Department, including river and harbor improvements; rewards for the apprehension and delivery of deserters; and to furnishing to individuals under the 114 Article of War copies of their records of trial by general courts-martial. The matter of the submitting to the Judge-Advocate-General of applications for opinions is regulated by paragraph 915, Army Regulations, 1913.

By General Order 56, War Department, 1913, the Judge-Advocate-General of the Army is given charge, under the Secretary of War, of the direction and control of the United States Military Prison and of the prison maintained at Castle Williams, Fort Jay, N. Y.

MILITARY PRISON.

474. Military prison-Establishment of, at Rock Island, IN.— There shall be established at Rock Island, in the State of Illinois, a prison for the confinement and reformation of offenders against the rules and regulations, and laws for the government of the Army of the United States, in which shall be securely confined, and employed at labor, and governed in the manner hereinafter directed, all offenders convicted before any court-martial or military commission in the United States, and sentenced according to law to imprisonment therein. Sec. 1344, R. S.

475. Establishment of at Fort Leavenworth, Kans.-That said act be, and the same is hereby, so amended that all acts and things therein required to be done and performed at Rock Island, in the State of Illinois, shall be done and performed on the military reservation at Fort Leavenworth in the State of Kansas: Provided, That the Government buildings now on said military reservation at Fort Leavenworth shall be modified and used so far as practicable for the purposes of said prison. Act of May 21, 1874 (18 Stat. 48).

476. Branch prisons.-Hereafter any military prison that the Secretary of War may designate for the confinement of general prisoners for whom there is no room at the United States Military Prison at Fort Leavenworth, Kansas, or whom it is impracticable to send there, shall be regarded as a branch of the said United States Military Prison and equally with it shall be subject to the laws relating thereto, including chapter six, title fourteen, of the Revised Statutes. Act of Mar. 2, 1907 (34 Stat. 1169).

477. Government and control of prison.-Hereafter the government and control of the United States Military Prison shall, under the Secretary of War, be vested in the Board of Commissioners of the United States Soldiers' Home, which board shall consist as at present of the Surgeon-General, the Commissary-General, the Adjutant-General, the Quartermaster-General, the Chief of Engineers, the Judge-Advocate-General, and the Governor of the Home, and the president of said board, who shall be the senior in rank of the members thereof, shall submit annually to the Secretary of War, for transmission to Congress, a full statement of the financial and other affairs of both the home and the prison for the preceding fiscal year. Act of March 4, 1909 (35 Stat. 1004).

(This statute transfers the control of the United States Military Prison from the board of government established by General Orders 205, War Department, 1905, to the Board of Commissioners of the United States Soldiers' Home, and changes the personnel of the latter by making the Chief of Engineers a permanent member of the board. Under the provisions of General Orders 56, War Department, September 17, 1913, the Judge-Advocate-General of the Army, under the Secretary of War, is charged with the direction and control of the prison.)

478. Visitation of prison.-The Secretary of War shall, with said commissioners, annually, and as much oftener as may be deemed expedient, visit said prison for the purposes of examination, inspection, and correction; and they shall inquire into all abuses or neglects of duty on the part of the officers or other persons in charge of the same, and make such changes in the general discipline of the prison as they may hold to be essential. Sec. 1346, R. S., as amended by Act of Jan. 19, 1891 (26 Stat. 722).

479. Examination of accounts, etc.-One of the inspectors genera! of the Army shall, at least once in each year, visit the prison for the purpose of examining into the books and all the affairs thereof, and ascertaining whether the laws, rules, and regulations relating thereto are complied with, the officers are competent and faithful, and the convicts properly governed and employed, and at the same time treated with humanity and kindness. And it shall be the duty of the inspector, at once, to make full report thereof to the Secretary of War. Sec. 1348, R. S., as amended by the Act of Jan. 19, 1891 (26 Stat. 722).

480. Officers and attendants.-The officers of the prison shall consist of a commandant and such subordinate officers as may be necessary, a chaplain, a surgeon, and a clerk, who shall be detailed by the Secretary of War from the commissioned officers of the Army; and a sufficient number of enlisted men shall be detailed by the Secretary of War to act as turnkeys, guards, and assistants in prison. Sec. 1347, R. S.

481. Powers and duties of commandant.-The commandant shall have command of the prison; shall have the charge and employment of the prisoners, and the custody of all the property of the Government connected with the prison. He shall receive and pay out all the money used for the prison, and shall cause to be kept, in suitable books, complete accounts of all the property, expenses, income, business, and concerns of the prison; and shall make full and regular reports thereof to the Secretary of War. Sec. 1350, R. S.

482. Bond of commandant.-Before the commandant enters upon the duties of his office he shall give bond, with sufficient sureties, in a sum to be fixed by the Secretary of War, to be approved by him, conditioned that he shall faithfully account for all money placed in his hands for the use of the prison and for the faithful discharge of all his duties as commandant. Sec. 1349, R. S.

483. Officers, etc., not to be interested in contracts.-No officer of the prison, or other person connected therewith, shall be concerned or interested, directly or indirectly, in any contract, purchase, or sale made on account of the prison. Sec. 1358, R. S.

484. Officers suffering prisoner to escape. Any officer who shall suffer a convict to escape, or shall in any way consent to his escape,

« AnkstesnisTęsti »